BAGUIO CITY, COMPLAINANT, VS. JOSEFINA F. DELIM, STENOGRAPHER III, REGIONAL

Ruling

Accordingly, she found respondent guilty of gross neglect of duty, grave misconduct or conduct prejudicial to the best interest of the service, gross negligence or infidelity in the custody of stenographic notes, and dishonesty warranting a penalty of suspension of thirty (30) days. However, the Investigating Judge recommended that respondent be deemed to have served this penalty in view of respondent's suspension by Judge Reyes. In making this recommendation, the Investigating Judge said that because respondent's violations "do not involve separate and distinct acts but arose from a single wrongful act (taking out of stenographic notes without court order)" and taking into account Judge Reyes' observation that respondent had been a conscientious employee for the past months, respondent had been sufficiently punished. From the allegations in his complaint, it is clear that complainant feels that this case involves more than respondent simply taking out without permission stenographic notes taken by her in a case which apparently concerns an estate of considerable worth. In his own words, it involves the betrayal of an "institution which she had undertaken to serve with utmost fidelity in accordance with her oath of office." [15] Complainant accuses respondent, aside from taking out the notes, of having leaked information to some of the parties in the case, thus enabling them to escape before orders issued by him could be served on them, and also of receiving money from them. It is, therefore, a source of disappointment to the Court that complainant later chose to withdraw his complaint on the convenient excuse that respondent had shown remorse and had since conducted herself in an exemplary manner. It is not fair even to respondent that so serious a charge as selling confidential information to a party should remain in the record without a finding as to its veracity. In withdrawing his complaint on this note, complainant acted both as prosecutor and as judge. It is not for him to say, however, that respondent should not be proceeded against because she has since mended her ways and the one-month preventive suspension she had undergone should be considered full satisfaction of any penalty that should be imposed on her, for having taken notes home and losing them. For this reason, the Court must express its dismay at this loss of zeal by complainant Judge Antonio C. Reyes. The Court is therefore left no choice but to simply consider what the record of this case shows. We cannot even hold respondent liable for her failure to attach the notes to the record of the Munsayac case immediately after the hearing on November 11, 1999 as required by Rule 136, §17 in view of the Administrative Circular No. 24-90, promulgated on July 12, 1990, which, by directing stenographers "to transcribe all stenographic notes and to attach the transcripts to the record of the case not later than twenty (20) days from the time the notes are taken," in effect gives them 20